1 Jan 2023
KEMUDI TIMUR ELEKTRONIK SDN BHD KB SMART DEVELOPMENT SDN BHD
- Citation
- DA-22NCvC-49-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCvC-49-08/2019 (Mahkamah Tinggi)
Defendant breached the PJB by failing to deliver vacant possession with CCC within the contractual 24 months; Plaintiff is entitled to pursue general and special damages under Section 74 in addition to LAD where losses are proven; Plaintiff failed to prove speculative loss of rental income and diminution but proved loss of quiet enjoyment and inconvenience and specific proved costs; therefore Plaintiff's partial claims succeed and Defendant is liable for specified damages, interest and costs.